HomeMy WebLinkAbout189-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 189-17
File Number: 2017-0456
THE LINKS AT FAYETTEVILLE, LIMITED PARTNERSHIP LAND EXCHANGE:
A RESOLUTION TO SELL ABOUT 0.77 ACRES OF LAND ALONG NORTH FRONTAGE ROAD TO
THE LINKS AT FAYETTEVILLE, A LIMITED PARTNERSHIP, IN EXCHANGE FOR RIGHT OF WAY
AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF NORTH RUPPLE ROAD
BETWEEN WEST STARRY NIGHT VIEW AND WEST MOUNT COMFORT ROAD
WHEREAS, the City needs to acquire approximately 4,260 square feet of right of way and 2,485 square
feet of temporary construction easement, which have been appraised at $15,100.00, across property
owned by The Links at Fayetteville, a Limited Partnership for the construction of North Rupple Road
between West Starry Night View and West Mount Comfort Road; and
WHEREAS, the City owns two parcels of land along North Frontage Road totaling approximately 0.77
acres that are adjacent to property owned by an entity affiliated with The Links at Fayetteville; and
WHEREAS, the two parcels, which are not being used by the City, are no longer needed for
municipal purposes and the sale of this 0.77 acres would completely offset the cost of acquiring the right of
way and easements.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the two
parcels totaling 0.77 acres along North Frontage Road are no longer needed for municipal purposes.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sell approximately 0.77 acres of city -owned real property along North Frontage Road, as shown in
the staff memo attached to this Resolution, to The Links at Fayetteville, a Limited Partnership, in exchange
for right of way and easements necessary for the construction of North Rupple Road between West
Starry Night View and Mount Comfort Road.
Resolution: 189-17
Page 1 Printed on 916117
File Number- 2017-0456
PASSED and APPROVED on 9/5/2017
Attest:
Sondra E. Smith, City Clerk TreasureF% 7.y
FAYETTEVILLE:
,,f 1
rrrrrr 41/11
)iC7N ►� C7 �`�
Page 2 Printed on 916117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
�- File Number: 2017-0456
Agenda Date: 9/5/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 14
THE LINKS AT FAYETTEVILLE, LIMITED PARTNERSHIP LAND EXCHANGE:
A RESOLUTION TO SELL ABOUT 0.77 ACRES OF LAND ALONG NORTH FRONTAGE ROAD
TO THE LINKS AT FAYETTEVILLE, A LIMITED PARTNERSHIP, IN EXCHANGE FOR RIGHT OF
WAY AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF NORTH RUPPLE ROAD
BETWEEN WEST STARRY NIGHT VIEW AND WEST MOUNT COMFORT ROAD
WHEREAS, the City needs to acquire approximately 4,260 square feet of right of way and 2,485 square feet
of temporary construction easement, which have been appraised at $15,100.00, across property owned by
The Links at Fayetteville, a Limited Partnership for the construction of North Rupple Road between West
Starry Night View and West Mount Comfort Road; and
WHEREAS, the City owns two parcels of of land along North Frontage Road totaling approximately 0.77
acres that are adjacent to property owned by an entity affiliated with The Links at Fayetteville; and
WHEREAS, the two parcels, which are not being used by the City, are no longer needed for municipal
purposes and the sale of this 0.77 acres would completely offset the cost of acquiring the right of way and
easements.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the two parcels
totaling 0.77 acres along North Frontage Road are no longer needed for municipal purposes.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sell
approximately 0.77 acres of city -owned real property along North Frontage Road, as shown in the staff memo
attached to this Resolution, to The Links at Fayetteville, a Limited Partnership, in exchange for right of way and
easements necessary for the construction of North Rupple Road between West Starry Night View and Mount
Comfort Road.
City of Fayetteville, Arkansas Page 1 Printed on 9/8/2017
City of Fayetteville Staff Review Form
2017-0456
Legistar File ID
9/5/2017
City Council Meeting Date - Agenda Item 061y
N/A for Non -Agenda Item
Paul Libertini 8/17/2017 ENGINEERING (621)
Submitted By Submitted Date - Division / Department
Action Recommendation:
Approval of a Resolution approving the conveyance of 0.77 acres of land owned by the City to The Links at
Fayetteville, a Limited Partnership, in exchange for Street Right of Way and Easements for construction of the
Rupple Road project from Starry Night View to Mt. Comfort Road.
4470.800.8835-5805.00
Account Number
06035.3100
Project Number
Budgeted Item? Yes
Budget Impact:
Sales Tax Capital Improvement
Fund
Rupple Rd (BF Lane to Mt. Comfort)
Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Project Title
$ 849,416.00
$ 649,373.00
200,043.00
2.00,043.00
Approval Date:
V20140710
4
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 5, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Chris Brown, City Engineer
FROM: Paul Libertini, Staff Enginee�,.
DATE: August 22, 2017
CITY COUNCIL MEMO
SUBJECT: A Resolution approving the conveyance of 0.77 acres of land owned by
the City to The Links at Fayetteville, a Limited Partnership, in exchange for
Street Right -of Way and Easements for construction of the Rupple Road
project.
RECOMMENDATION:
Staff recommends approval of a Resolution approving the conveyance of 0.77 acres of land
owned by the City to The Links at Fayetteville, a Limited Partnership, in exchange for Street
Right of Way and Easements for construction of the Rupple Road project from Starry Night
View to Mt. Comfort Road.
BACKGROUND:
The Rupple Road Improvements Project from Starry Night View to Mt. Comfort Road is a part of
the overall Transportation Bond Improvements Program. The road construction plans are
essentially complete and it is anticipated to bid this project irr November 2017. This project is
partially funded with Federal -aid which requires that all properties must be acquired prior to
advertising for bids. There are only 3 (three) property owners including The Links at Fayetteville
that will be affected by this project. On August 1, 2017, The Links at Fayetteville was sent an
Offer Letter from the City offering to compensate The Links $18,000 fortherequested property
rights. Since the offer letter was sent out, the City has agreed with The Links to delete the
Permanent Grading Easement that has an appraised value of $2,900. This revision would reduce
the appraise value of The Links property to $15,100.
DISCUSSION:
The Links at Fayetteville owns property at the southern end of the subject project on the east
side of Rupple Road across from W Starry Night View. The City needs to acquire the following
land rights from The Links that has an appraised value of $15,100 in order to construct this
project:
Street Right of Way: 4,260 SF
Temporary Construction Easement: 2,485 SF
During the negotiation phase of land acquisition, The Links requested the City to exchange
land owned along N. Frontage Road in Fayetteville near Barnes & Noble, Toys "R" Us and
Chick-fil-a
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
(see attachments). In 1996, NW Village Partners, Ltd. deeded two pieces of land from their
proposed subdivision which was apparently excess and unusable to them after the construction
of N Frontage Road severed this property from the rest of the subdivision. The Northwest Village
Subdivision is currently occupied by Chick-fil-a, Toys "R" Us, Barnes & Noble Booksellers, Petco,
Natural Grocers & Pier I. Staff is of the opinion that this public property could better serve the
City by exchanging this land for the property needed for the Rupple Road construction project.
The City will deed over Parcel 765-20260-001 which is comprised of 2 pieces of land, one at 0.63
acres and the second at 0.14 acres for a total of 0.77 acres. The Washington County Assessor's
Office shows an estimated market value of this parcel as $3,500.
Chapter 34 of the City -Code sets forth requirements for sale of City property. Letters were mailed
to property owners on Friday, August 18th, public notice signs were posted on the property on
Friday, August 18th, and public notice was published in the newspaper on Sunday, August 20th
BUDGET/STAFF IMPACT:
This Land Exchange will save the City $15,100 which is the appraised value of the land.
Attachments:
Google Map Exhibits
City Offer Letter Packet to The Links dated August 1, 2017
Newspaper Advertisement
Letters to adjacent property owners (5)
Pictures of public notice signs on City property -
Lindsey Letter
'tw - ^s a
41
, : v
1C..ol
, �T
i
i r:.. _ �,.,� lr ". Ti ..- QVC,, �r�� • Y _
G
■ 1 : 7 _ o�
♦ r�
rT i�
C •' 1 _
�rr�•� '� 1 � 'M �x � v
"41t'f !1 w"S �� rte;.. ` ._!•�
sal � � ��a, �_ * •� '4! i� ,..iFt
M !_
rn
r,=
Ave
.4
Sl
I
0)
0
!
s
_
S
'at !
TV,
All
'at !
n
CITY OF
FAYETTEVILLE
ARKANSAS
August 1, 2017
-kinks At Fayetteville
c/o Hugh Jarratt
1200 E Joyce Blvd, 6"' Floor
Fayetteville, AR 72703
RE: Rupple Road Widening (Starry Night View -Mt. Comfort)
Tracts 3 -Parcel #765-24077-000
Offer Letter
Dear Mr. Jarratt:
As you may be aware, the City of Fayetteville is planning the widening of Rupple Road from Starry Night View north to Mount Comfort Road.
Included in this widening project will be new sidewalks, curb and gutter, water/sewer and drainage improvements. For these improvements
to happen, additional right of way and a permanent grading easement will be necessary in addition to a temporary construction and grading
easement. The right of way is property that the City obtains for constructing and maintaining a roadway. Permanent grading, drainage and/or
utility easements outside of the right of -way are acquired for roadway construction, the installation of storm sewer and water/sewer
improvements necessary to serve the roadway and the property. Temporary construction and grading easements are required for areas that
may be disturbed during the construction of the project outside of the rights -of way and grading/drainage easements. All temporary
construction and grading easements will terminate when the project has been completed by the contractor and accepted by the City of
Fayetteville.
The City of Fayetteville hereby offers $4,800.00 for additional right of way (4,260 square feet), $2,990.0.0. '.-r the tig'
permeneH} gradimg eas- e-In"s "Q� are -€F et} $300.00 for the rental of the temporary construction and grading easements (3,550
square feet) and $10,000.00 as landscaping damages for 10 trees within the easement areas and a total offer of $18,000.00. This Offer is
based on an appraisal by Reed and Associates, Inc. (Summary Sheet showing breakdown included)_
Included is a general map of the subject area, -as well as a drawing of your specific property depicting the anticipated areas required for the
proposed easements
Should you elect to accept this offer, the Warranty Deed, Grading Easement and the Temporary Construction and Grading Easement
contained herein should be executed by all parties with current ownership interest in the property. The documents should be notarized and
returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will
advise our office accordingly. Upon receipt of the documents, a check will be requested and you will be paid the amount indicated in this offer
letter.
Copies of the documents are included for your records. We can provide a copy of the recorded documents upon your request and at the
appropriate time. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that we can process your
payment. A Vendor Form is provided for this purpose.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements
and acquisitions. Please contact Holly Jones at (479) 444-3414 (hjonr�sAlavetteville-ar.gov) or John Pierce at (479) 444-3421
(iopierce(ri)faygtteville-ar.(ic ). For engineering questions or concerns, please contact Matt Casey, Engineering Design Manager at (479)
444-3429 (mcasevOfavetteville-ar.gov), or Chris Brown, City Engineer, can be reached at (479) 575-8206 (cb_r_own@fayetteville-ar.gov).
Sind r .
hris Brown
City Engineer
CB/hj
Enclosures
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayettevilte-ar.gov
Rupple Road Right of Way -Starry Night View to Mount Comfort Road
Part of Parcel No. 765-24077-000
Tract 3
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT WE, The Links At Fayetteville, A Limited Partnership, hereinafter called
GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, do hereby grant,
bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns,
the following described land situated in the County of Washington, State of Arkansas, to -
wit:
A part of the Southeast Quarter (SE%4) of the Southeast. Quarter (SE%) of Section One (1), Township Sixteen (16) North,
Range Thirty-one (31) West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the Northeast corner of the Southeast Quarter (SEY) of the (SE'!) Quarter; thence along, the North line of said Southeast
Quarter (SE%) of the Southeast Quarter (SE:.) N86°59'04' W 669.65 feet to the existing Easterly right of way of Rupple
Road also the POINT OF BEGINNING; thence along said Easterly right of way 198.41 feet along a non -tangent curve to the
left, said curve has a radius of 628.85 feet that bears S66'57'53"E, a delta angle of 18°04'38', and a chord which bears
S13°59'48"W 197.58 feet; thence continuing along said right of way SO4°57'29"W 153.97 feet; thence leaving said right of
way S85'02'31"E 13.50 feet; thence N04°57'29"E 178.73 feet; thence 173.67 feet along a tangent curve to the right, said
curve has a radius of 542.00 feet that bears S85'02'3 1"E, a delta angle of 18°21'33", and a chord which bears N14°08'15"E
172.93 feet to said North line of the Southeast Quarter (SEI/4) of the (SEA) Quarter; thence along said North line
N86°59'04"W 10,05 feet to the POINT OF BEGINNING, containing 4,260 square feet or 0.10 acres, more or less. (See Ex.A)
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's
successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that
the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims
whatever.
WITNESS the execution hereof on this the _ day of
ATTEST:
[Please print or type Name and Title]
STATE OF ARKANSAS
COUNTY OF WASHINGTON
M
2017.
The Links At Fayetteville, A Limited Partnership
[Please print or type Name and Title]
[SEAL]
REVENUE STAMPS AFFIDAVIT
The foregoing deed has the correct amount of Revenue
Stamps affixed to it or is exempt from such stamps.
Signed:
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
ACKNOWLEDGMENT
ss
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for
said County and State, personally appeared and , to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the and
, respectively, of The Links At Fayetteville, A Limited Partnership and are duly authorized in their respective
capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged
that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set
forth.
WITNESS my hand and seal on this day of '2017.
Rupple Road Right of Way -Starry Night View to Mount Comfort Road
Part of Parcel No. 765-24077-000
Tract 3
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT The Links At Fayetteville, a limited partnership, hereinafter called
GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, do
hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, a temporary construction and grading easement on, over,
and through the following described land situated in the County of Washington, State
of Arkansas, for the sole purposes necessary for construction of Rupple Road, to -
wit:
PROPERTY DESCRIPTION: (Survey: 2008-1594)
Part of the SE'/4 of the SE% of Section 1, Part of the NEI of Section 12, Township 16 North, Range 31 West, and
part of the SW%cif the SW% of Section 6, Part of the NW% of Section 7, Township 17 North, Range 30 West,
Washington County, Arkansas, being more particularly described as follows: Beginning at an aluminum cap marking
the NE corner of the SE'/4 of the SEI/4 of Section 1, Township 16 North, Range 31 West, Washington County,
Arkansas, thence S02'21'05"W 4266 feet to an aluminum cap marking the NW comer of the SW !4 of the SW% of
Section 6, Township 16 North, Range 30 West; thence atong the North line thereof S87026'04"E 733.32 feet to a
steel rebar pin and cap stamped with RLS #686; thence S02°32'50"W 1316.73 feet to a'/a" steel rebar pin; thence
S02050'52"W 2553.95 feet to a 5/8" steel rebar pin set on the North right of way Arkansas Highway 16; thence along
said right of way N87°1516"W 289.85 feet to a 5/8" steel rebar pin; thence leaving said right of way NO2°53'26"E
370.73 feet to a 5/8" steel rebar pin; thence N87*19'05"W 4.60 feet to a 5/8" steel rebar ptn; thence NO3°03'36"E
74.78 feet to a 5/8" steel rebar pin; thence N86°21'04"W 1090.71 feet to the Northeast Corner of a chain link fence:
thence N87°30'40"W 630.41 feet to the centerline of Rupple Road; thence along the centerline of Rupple Road the
following 10 courses: thence NO2°44'32"E 2036.44 feet; thence 141.08 feet along a curve to the right said curve
having a radius of 275.00 feet and a long chord of N1 7'26'21 "E 139.54 feet; thence N32008"09"E 98.01 feet; thence
N27°0 -1'36"E 49.96 feet; thence N22°50'50"E 244.13 feet; thence 208.64 feet along a curve to the right said curve
having a radius of 505.72 feet and a long chord of N34°39'58"E 207.16 feet; thence N46°29'06"E 129.88 feet; thence
309.27 feet along a curve to the left said curve having a -radius of 426.70 feet and along chord of N25'43'1 8"E 302.54
feet; thence N04°57'29"E 183.15 feet; thence 195.60 feet along a curve to the right said curve having a radius of
688.85 feet and a long chord of N13°05'33"E 194.94 feet to the North line of the SE'/4 of the SE% of Section 1,
Township 16 North, Range 31 West; thence leaving the centerline of Rupple Road and continuing along said North
line S86°59'04"E 733.14 feet to the Point of Beginning containing approximately 6630037 sq. ft. or 152.20 acres,
more or less Subject: to the right of way of Rupple Road along the West side.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A part of the Southeast Quarter (SE %4) of the Southeast Quarter (SE %) of Section One (1), Township Sixteen (16)
North, Range Thirty-one (31) West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the Northeast corner of the Southeast Quarter (SE %4) of the (SE %4) Quarter; thence along the North
line of said Southeast Quarter (SE'/) of the Southeast Quarter (SE 1/4) N86°59'04"W 648.74 feet to the POINT OF
BEGINNING; thence leaving said North line S38°22'29"W a distance of 12.03 feet; thence along 163.58 feet along a
non -tangent curve to the left, said curve has a radius of 535.00 feet that bears S67°31'24"E, a delta angle of
17°31'07", and a chord which bears S13°43'03"W 162.94 feet; thence SO4057'29"W 178.73 feet; thence
N85°02'31"W a distance of 7.00 feet; thence N04°57'29"E 178.73 feet; thence 173.67 feet along a tangent curve to
the right, said curve has a radius of 542.00 feet that bears S85°02'31 "E, a delta angle of 18°21'33", and a chord
which bears N14'08'1 5"E 172.93 feet to the North line of said Southeast Quarter (SE'/) of the Southeast Quarter
(SE'/); thence along said North line S86°59'04"E 10.86 feet to the POINT OF BEGINNING, containing 2,485 square
feet or 0.06 acres, more or less.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
Page 2 of 2
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the sarpa.�,.,^t�tlae-said-Grantee, its successors and assigns, togetherwith free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of , 2017,
RY-
ATTEST:.
[Please print or type Name and Title]
The Links At Fayetteville, a limited partnership
[Please print or type Name and Title]
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within
and for said County and State, personally appeared and ,tomewell
known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
and , respectively, of The Links At Fayetteville, a limited partnership,
and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said
corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the
consideration, uses and purposes therein mentioned and set forth.
my hand and—seal on this `—day of
MY COMMISSION EXPIRES:
Notary Public
, 2017
L2 L1
_ N 86:59'04 " W
648.74'
f
PROPOSED '=
RIGHT OF WAY'`.f /
' � f
r� PROPOSED. TEMPt3RARY
CONSTRUCTION EASEMENT
'f
NE CORNER
SE 1/4 SE 1/4
SECTION 1,
T -16—N, R -31—W
PARCEL NO. 765-24077-000
{ LINKS A T FA YETTEVILLE
I RECORD DEED: 2006-43544
RECORD SURVEYS: 2008-1594 & 1595 & 23A-349
N f
N
t\
O
.:� 471
O
I
LINE ANGLE DISTANCE
L1
�
� I
`r
f
10.86
T
N
86-59'04" W
N f
N
t\
O
.:� 471
O
I
LINE ANGLE DISTANCE
L1
N
86'59 04 W
10.86
L2
N
86-59'04" W
10.05'
1_3.
S
85-02'31 E
13.50
L4
S
38'22'29" W
12.03
L5
N
85'02'31' W
7.00'
CURVE
LENGTH
DETLA
RADUIS
CHORD
C1
198.41'
18`04'38"
1628.85
S 13'59'48" W 197.58
C2
'173.67'
I8721 33
542.00
N 14'08 15 E 172.93'
C3
163.58
17'31'07"
535.00
S 13°43 03 W 162,94'
I
EXISUNG 34 -FOOT
L3 L5 I UTILITY EASEMENT
PLAT 23A-349 — —
R/W -
R/W
AREA CALCULATIONS
SQ. FT.
ACRES
PROPOSED RIGHT OF WAY
4,260
0.10
PROPOSED TEMP. CONST. EASEMENT
2,485
0.06
LEGEND
BEARINGS - GRID
ARKANSAS NORTH 70NE
EXISTING PROPERTY LINE
EXISTING RIGHT OF WAY LINE
EXISTING EASEMENT LINE
PROPOSED TEMP. CONST. EASEMENT
PROPOSED EASEMENT LINE
PROPOSED RIGHT OF WAY
GRAPHIC SCALE
50 0 25 50
( IN FEET )
THIS EXHIBIT /S A SKETCH DESCR/PT/VE ONL Y OF THE SIZE, SHAPE 1 inch = 50 ft.
AND LOCATION OF THE PROPOSED EASEMENTS AND DOES NOT
CONSTITUTE A PLAT OR SURVEY OF THE GRANTORS PROPERTY.
2049 EAST JOYCEBOULVARB CITY OF FAYETTEVILLE CITY OF JOB NO. DATE
SUITE 400 FAYETTEVILLE, ARKANSAS 09047100 AUG. 23, 2017
FAYETTEVILLE, ARKANSAS 72704 RUPPLE ROAD - W. STARRY NIGHT �KAIS4FS
479527-9100 VIEW - W. MOUNT COMFORT ROAD. AH "EXHIBIT A" TRACT 3
SUMMARY OF SAILENT FACTS AND CONCLUSIONS
Location: East Side of North Rupple Road, One Site North of the Intersection of Wedington
Drive and North Rupple Road; Fayetteville, AR
Client: City of Fayetteville
Fee Owner: The Links At Fayetteville
Mailing Address: 1200 Fast Joyce Boulevard, 6'{' Floor, Fayetteville, AR 72703 _
Area Of The Whole: 152.20± ACS Permanent Drainage N/A
Easement:
Area Of Remainder: 152.10± ACS Permanent Grading Easement .06f AC
Area Of Acquisition: 10± AC Temporary Construction .08f AC
Easement:
HIGHEST AND BEST USE:
Whole Property As Vacant -
Mixed Use
-Residential/Multifamily Use
Development
As Improved
- Continued
Multifamily/Special Purpose
(Golfcourse) Use
Remainder Property As Vacant -
Mixed Use
- Residential/Multifamily Use
Development
As Improved
Continued
Multifamily/Special Purpose
(Golfcourse) Use
ACQUISITION COMPENSATION: -
Before
Land:152.20f ACS @ $48,000/Acre (Rounded)
$
7,305,600
Improvements: 10 Trees
$
10,000
Total:
$ 7,315,600
- After
Land: 152.1 0j- Acres @ $47,981/Acre (Rounded)
$
7,297,900
Improvements: -
0
Total
$ 7,297,900
Subtotal
$ 17,700
Plus: Temporary Construction Easements ($300)
$ 300
Total Compensation as of: July 7, 2017
F - 1 ,
ALLOCATION OF COMPENSATION
Land:.I 0± Acre @ $48,000/Acre (Rounded)
$ 4,800
Permanent Drainage Easement:
$ 0
[�
Temporary Construction Easement: $300
1.7
$ 300
Improvements: 10 Trees
$ 10,000
Damages:
$ 0
Cost to Cure Items:
$ 0
Total Compensation:
- 2,t1AlI—
$ 5A
Shannon Reed Mueller, CG2302
Reed & Associates, Inc,
I
+
PLO
Nouonu N
DIIIA"91013P
6
.6 't
a
NEWSPAPER ADVERTISEMENT
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30
p.m., in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 361/135):
Submitted by CITY STAFF for property located EAST AND SOUTH OF FRONTAGE
ROAD. The Fayetteville City Council is considering the sale of about 0.77 acres it owns
EAST AND SOUTH OF FRONTAGE ROAD to The Links at Fayetteville, a Limited
Partnership, in exchange for right of way and associated easements necessary for the
widening of Rupple Road between Starry Night View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017
meeting at 113 W. Mountain Street, Room 219.
NORTHWEST ARKANIAS
DemoCMt
zefte
PO COX 'CC, ._TTEvIL_C.AR. 22702 - -79-412-'_! OC
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
PH/ Sale of Property
Was inserted in the Regular Edition on:
August 20, 2017
_ Publication Charges:'$ 69.92
f
Cathy Wile
Subscribed and sworn to before me
This day of, 2017.
04
\�t\,,\u ARRA G ,, "",,
$
"'"wR%%
1,111.11111•'tARyap•
go &1a
..RR..' 9 ,
*j
ir y Public
My Commission Expires:
_
31161615
_.
S,
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
NOTICE OF PUBLIC I IEARING
A nlecling of Ilse City of f ayctlevillc City
Council will be held on September 5, 2017
at 5:30 p.m., in room 219, Fayetteville
Administration Buildingat 113 W.
Mountain Street, Fayetteville, Arkansas,
72701. The following item is required to be
published in the local newspaper pursuant
to the Code of Ordinances of the City of
Faycttcville and will be beard at the
September 5, 2017 Fayetteville City
Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY
OWNED REAL PROPERTY, 361/135):
Submitted by CITY STAFF for property
located EAST AND SOUTH OF
FRONTAGE ROAD. The Fayetteville City
Council is considering the sale of about
0 77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at
Fayetteville, a Limited Partnership, in
exchange for right of way and associated
casements necessary for the widening of
Rupplc Road between Starry Night View
and Mount Comfort Road.
This possible sale will be considered by the
Cily Council during its September 5, 2017
pawing at 113 W. Mountain Street, Room
219,
732•IS419 August 20, 2017
N,
ADIVI a
NORTH OF 1110
.sew. wuulrn9un�;RAu.\ .]Uw11Hi,MM�te wrr�.. Y11NY
I'1 131 I( 11F:.1RIM;
C 1 1 1� f 11 3C"11. I ue: c
4
♦f
I
RING.
z
r.. f
4
r'
k ri4:
575-8267
i�
W -A
FARING
i
I
t�
W -A
FARING
i
I
CITY OF
FAYETTEVILLE
ARKANSAS
August 17, 2017
Fifty Fifteen Properties
632 N Woodview Drive
Fayetteville AR 72701
RE: 4210 N Frontage Road
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be hell on September 5, 2017 at 5:30 p.m.,
in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 3.611135): Submitted by
CITY STAFF for property located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
113 W. Mountain Street, Room 219.
For Questions or Concerns:
Chris Brown, City Engineer: cbrown@favetteville-ar.gov
Paul Libertini, Staff Engineer: plibertirli fayetteville-ar.Clov
Holly Jones, Land Agent: hiones(?fayetteville-ar.gov
City of Fayetteville Engineering Division 479-575-8206
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.tayettev ll l e -a r.g ov
IWA
CITY OF
FAYETTEVILLE
ARKANSAS
August 17, 2017
NW Village LLC
c/o Flake & Kelly Mgmt
PO Box 990
Little Rock AR 72203-0990
RE: NW Village Shopping Center, College Avenue, Fayetteville, AR
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30 p.m.,
in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 361/135): Submitted by
CITY STAFF for propertT located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road. -
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
113 W. Mountain Street, Room 219.
For Questions or Concerns:
Chris Brown, City Engineer: cbrownQfayetteville-ar.gov
Paul Libertini, Staff Engineer: plibertini a fayetteviile-ar.gov
Holly Jones, Land Agent: hiones@fayetteville-ar.gov
City of Fayetteville Engineering Division 479-575-8206
Mailing Address:
iia W. Mountain Street
Fayetteville, AR 72701
www.fayettev i l le -a r,g ov
CITY OF
FAYETTEVILLE
ARKANSAS
August 17, 2017
Naples Properties LLC
4081 Crossover Road
Fayetteville AR 72703
RE: 4200 N Gabel Drive
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30 p.m.,
in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 361/135): Submitted by
CITY STAFF for property located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering -the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
113 W. Mountain Street, Room 219.
For Questions or Concerns:
Chris Brown, City Engineer: cbrown cbfayetteville-ar.gov
Paul Libertini, Staff Engineer: iolibertini(cDfayetteville-ar.gov
Holly Jones, Land Agent: hiones a_,fayetteville-ar.gov
City of Fayetteville Engineering Division 479-575-8206
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
August 17, 2017
J E Lindsey Family Ltd Partnership
1200 Joyce Blvd
Fayetteville AR 72703-1000
RE: 1117 E Shepherd Lane
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30 p.m.,
in room 219, Fayetteville Administration Building at 113 W. -mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 3611135): Submitted by
CITY STAFF for property located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
113 W. Mountain Street, Room 219.
For Questions or Concerns:
Chris Brown, City Engineer: cbrown@favetteville-ar.gov
Paul Libertini, Staff Engineer: plibertini@favetteville-ar.gov
Holly Jones, Land Agent: hones fa etteville-ar, ov
City of Fayetteville Engineering Division 479-575-8206
Mailing Address:
113 W. Mountain Street ww w—fayetteviPe-pr.go
Fayetteville, AR 72701
CITY OF
FAYE TTL
ARKANSAS
August 17, 2017
Vantage Center, an AR Limited Partnership
1165 E Joyce Blvd
Fayetteville AR 72703-5183
RE: 1115& 1150 E Shepherd Lane
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30 p.m.,
in room 219,_ Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 361/135): Submitted by
CITY STAFF for property located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
113 W. Mountain Street, Room 219.
For Questions or Concerns:
Chris Brown, City Engineer: cbrown(a�fayetteville-ar.gov
Paul Libertini, Staff Engineer: plibertini(c)fayetteville-ar.gov
Holly Jones, Land Agent: hionesaa)fayetteville-ar.gov
City of Fayetteville Engineering Division 479-575-8206
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayettev Il le-ar.gov
THE LINKS AT FAYETTEVILLE, ALP
1200 E. JOYCE BLVD., FAYETTEVILLE, AR 72703
City of Fayetteville
ATTN: Mr. Chris Brown
113 W. Mountain Street
Fayetteville, AR 72701
RE: Land Swap
Dear Mr. Brown:
As a result of the widening of Rupple Road, the City of Fayetteville is in the need
of additional right-of-way that is owned by The Links at Fayetteville, a Limited
Partnership, (hereinafter The Links). Rather than monetary compensation, an exchange
of real estate between The Links and The City of Fayetteville is requested.
Please treat this letter as a formal agreement by The Links to exchange certain
real property owned by the City of Fayetteville (as described in the attached Exhibit A)
for certain real property owned by The Links (as described by the attached Exhibit B). I
also understand the City of Fayetteville will place orange fence at the edge of the
disturbance area prior to doing any work at The Links.
The Links will work with the City of Fayetteville to effectuate this land exchange
in a legal and binding manner.
Thank you.
Sincerely,
The Links at Fayetteville, a Limited Partnership
By: The Links at Fayett lqyIle Management
Compa , 7c., I neral Partner
By:
J Earl "Lyndy" Lindsey, President
The Links at Fayetteville
Warranty Deed
City of Fayetteville Staff Review Form
2017-0504
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 9/12/2017 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Execution of a Warranty Deed to convey approximately 0.77 acres along North Frontage Road to The Links at
Fayetteville in exchange for Right of Way and Easements necessary for the construction of North Rupple Road
between West Starry Night View and West Mount Comfort Road. On September 5, 2017, City Council passed
Resolution 189-17 which approved this land exchange and authorized the Mayor to sell the subject land which is
no longer needed for municipal purposes.
Account Number
06035.3100
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Budget Impact:
Fund
Rupple Rd (BF Lane to Mt. Comfort)
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Project Title
Remaining Budget
V20140710
Previous Ordinance or Resolution # 189-17
Original Contract Number:
Comments:
Approval Date: 9-1,5—/
765-20260-001
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT WE, The City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTOR, for and in consideration of the exchange of right of way and
easements necessary for the widening of Rupple Road, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey unto the The Links At
Fayetteville, A Limited Partnership, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, the following described land situated in the County of
Washington, State of Arkansas, to -wit:
A PART OF NORTHWEST VILLAGE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT THEREOF FILED FOR RECORD
IN PLAT BOOK 14 AT PAGE 70 IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE
SOUTHEAST QUARTER (SEI/4) OF SECTION TWENTY-THREE (23) TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID 40 ACRE TRACT; THENCE EAST 447.76 FEET ALONG THE NORTH LINE OF SAID NORTHWEST VILLAGE ADDITION
TO THE POINT OF BEGINNING, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF SAID ADDITION AND THE EAST
RIGHT-OF-WAY LINE OF FRONTAGE ROAD; THENCE EAST 320.74 FEET TO THE NORTHEAST CORNER OF SAID ADDITION; THENCE
SOUTH 198.00 FEET ALONG THE EAST LINE OF SAID ADDITION TO THE INTERSECTION OF THE EAST LINE OF SAID ADDITION WITH
THE EAST RIGHT-OF-WAY LINE OF SAID FRONTAGE ROAD, SAID POINT BEING THE BEGINNING OF A 115.00 FOOT RADIUS CURVE
CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY 180.64 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD
FOR WHICH BEING N45°00'00"W 162.63 FEET, TO THE POINT OF TANGENCY; THENCE WEST 103.07 FEET ALONG SAID RIGHT-OF-
WAY LINE TO THE BEGINNING OF A 105.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY
142.77 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD FOR WHICH BEING N51°0215011W 132.02 FEET, TO THE
POINT OF BEGINNING, CONTAINING 0.63 ACRES, MORE OR LESS. THE ABOVE DESCRIBED 0.63 ACRE TRACT BEING SUBJECT TO A
SEWER LINE EASEMENT AS FILED IN DEED BOOK 96, PAGE 009258-009260, OF THE LAND RECORDS OF WASHINGTON COUNTY,
ARKANSAS. AND A PART OF NORTHWEST VILLAGE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT THEREOF
FILED FOR RECORD IN PLAT BOOK 14 AT PAGE 70 IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE SOUTHEAST
QUARTER (SEI/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-THREE (23) TOWNSHIP SEVENTEEN (17) NORTH,
RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE EAST 768.50 FEET TO THE NORTHEAST CORNER
OF SAID ADDITION; THENCE SOUTH 313.27 FEET ALONG THE EAST LINE OF SAID ADDITION TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 198.23 FEET; THENCE WEST 70.38 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF FRONTAGE ROAD, SAID
POINT BEING THE BEING ON A 125.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHEASTERLY 26.24 FEET
ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD FOR WHICH BEING N18°38'08"E 26.19 FEET, TO THE POINT OF
TANGENCY; THENCE N24°38'36"E 110.50 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE BEGINNING OF A 175.00 FOOT RADIUS
CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY 75.28 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD
FOR WHICH BEING N12° 19'13"E 74.70 FEET, TO THE POINT OF BEGINNING, CONTAINING 0.14 ACRES, MORE OR LESS.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's
successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that
the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims
whatever.
WITNESS the execution hereof on this the 15*—day of i 2017.
City qf Fayett , Arkansas,
A nliciDaL ooration
ATTEST: oneld a , M a{~
`•!�• .fir 77
• 'r7i J
Sondra Smith, City Clerk � 1iFV9LLE � I� Seal
��• •sem
��y • '/bh p ,� REVENUE STAMPS AFFIDAVIT
AN I�.regoing deed has the correct amount of Revenue
}cif JA, o N �� gdops affixed to it or is exempt from such stamps.
City of Fayetteville
113W .
13W. Mountain
Fayetteville, AR 72701
Fayetteville -Links
Page 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Lioneid Jordan and Sondra Smith, to me well known as the persons who
executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of
Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed,
executed and delivered said instrument for the consideration, uses and urpos s therein mentioned and set forth.
WITNESS my hand and seal on this day of 2Q1F.
n
MY COMMISSION EXPIRES:
-/- 06L_
113 West Mountain Street
Fayetteville, AR 72701
(479)575-6323
Resolution: 189-17
File Number: 2017-0456
THE LINKS AT FAYETTEVILLE, LIMITED PARTNERSHIP LAND EXCHANGE:
A RESOLUTION TO SELL ABOUT 0.77 ACRES OF LAND ALONG NORTH FRONTAGE ROAD TO
THE LINKS AT FAYETTEVILLE, A LIMITED PARTNERSHIP, IN EXCHANGE FOR RIGHT OF WAY
AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF NORTH RUPPLE ROAD
BETWEEN WEST STARRY NIGHT VIEW AND WEST MOUNT COMFORT ROAD
WHEREAS, the City needs to acquire approximately 4,260 square feet of right of way and 2,485 square
feet of temporary construction easement, which have been appraised at $15,100.00, across property
owned by The Links at Fayetteville, a Limited Partnership for the construction of North Rupple Road
between West Starry Night View and West Mount Comfort Road; and
WHEREAS, the City owns two parcels of land along North Frontage Road totaling approximately 0.77
acres that are adjacent to property owned by an entity affiliated with The Links at Fayetteville; and
WHEREAS, the two parcels, which are not being used by the City, are no longer needed for
municipal purposes and the sale of this 0.77 acres would completely offset the cost of acquiring the right of
way and easements.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the two
parcels totaling 0.77 acres along North Frontage Road are no longer needed for municipal purposes.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sell approximately 0.77 acres of city -owned real property along North Frontage Road, as shown in
the staff memo attached to this Resolution, to The Links at Fayetteville, a Limited Partnership, in exchange
for right of way and easements necessary for the construction of North Rupple Road between West
Starry Night View and Mount Comfort Road.
Resolution: 189-17
Page 1 Printed on 916117
Re Number 2017-0456
PASSED and APPROVED on 9/5/2017
Attest:
Sondra E. Smith, City Clerk'I'rca-ski IW.,,�i
yti5� �
i F1Yt' I -I EVILI.I.•
ff :ti.
Y14/Y�yafli'�
r
f f,�r�'�+�t def a I11 iI►�dli�>
Page 2 Printed on 916.117
City of Fayetteville, Arkansas
� 113 West Mountain Street
^., Fayetteville, AR 72701
I (479) 575-8323
Text File
-- - File Number: 2017-0456
Agenda Date: 9/5/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 14
THE LINKS AT FAYETTEVILLE, LIMITED PARTNERSHIP LAND EXCHANGE:
A RESOLUTION TO SELL ABOUT 0.77 ACRES OF LAND ALONG NORTH FRONTAGE ROAD
TO THE LINKS AT FAYETTEVILLE, A LIMITED PARTNERSHIP, IN EXCHANGE FOR RIGHT OF
WAY AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF NORTH RUPPLE ROAD
BETWEEN WEST STARRY NIGHT VIEW AND WEST MOUNT COMFORT ROAD
WHEREAS, the City needs to acquire approximately 4,260 square feet of right of way and 2,485 square feet
of temporary construction easement, which have been appraised at $15,100.00, across property owned by
The Links at Fayetteville, a Limited Partnership for the construction of North Rupple Road between West
Starry Night View and West Mount Comfort Road; and
WHEREAS, the City owns two parcels of of land along North Frontage Road totaling approximately 0.77
acres that are adjacent to property owned by an entity affiliated with The Links at Fayetteville; and
WHEREAS, the two parcels, which are not being used by the City, are no longer needed for municipal
purposes and the sale of this 0.77 acres would completely offset the cost of acquiring the right of way and
easements.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the two parcels
totaling 0.77 acres along North Frontage Road are no longer needed for municipal purposes.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sell
approximately 0.77 acres of city -owned real property along North Frontage Road, as shown in the staff memo
attached to this Resolution, to The Links at Fayetteville, a Limited Partnership, in exchange for right of way and
easements necessary for the construction of North Rupple Road between West Starry Night View and Mount
Comfort Road.
City of Fayetteville, Arkansas Page 1 Printed on 9/012017
1
City of Fayetteville Staff Review Form
2017-0456
Legistar File ID
9/5/2017
City Council Meeting Date - Agenda Item Orily
N/A for Non -Agenda Item
Paul Libertini 8/17/2017 ENGINEERING (621)
Submitted By Submitted Date - Division / Department
Action Recommendation:
Approval of a Resolution approving the conveyance of 0.77 acres of land owned by the City to The Links at
Fayetteville, a Limited Partnership, in exchange for Street Right of Way and Easements for construction of the
Rupple Road project from Starry Night View to Mt. Comfort Road.
4470.800.8835-5805.00
Account Number
06035.3100
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Sales Tax Capital Improvement
Fund
Rupple Rd (BF Lane to Mt. Comfort)
Project Title
Current Budget $ 849,416.00
Funds Obligated $ 649,373.00
Current Balance
Item Cost $
Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 5, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Chris Brown, City Engineer
FROM: Paul Libertini, Staff Engineer
DATE: August 22, 2017
CITY COUNCIL MEMO
SUBJECT: A Resolution approving the conveyance of 0.77 acres of land owned by
the City to The Links at Fayetteville, a Limited Partnership, in exchange for
Street Right -of Way and Easements for construction of the Rupple Road
project.
RECOMMENDATION:
Staff recommends approval of a Resolution approving the conveyance of 0.77 acres of land
owned by the City to The Links at Fayetteville, a Limited Partnership, in exchange for Street
Right of Way and Easements for construction of the Rupple Road project from Starry Night
View to Mt. Comfort Road.
BACKGROUND:
The Rupple Road Improvements Project from Starry Night View to Mt. Comfort Road is a part of
the overall Transportation Bond Improvements Program. The road construction plans are
essentially complete and it is anticipated to bid this project in- November 2017. This project is
partially funded with Federal -aid which requires that all properties must be acquired prior to
advertising for bids. There are only 3 (three) property owners including The Links at Fayetteville
that will be affected by this project. On August 1, 2017, The Links at Fayetteville was sent an
Offer Letter from the City offering to compensate The Links $18,000 fortherequested property
rights. Since the offer letter was sent out, the City has agreed with The Links to delete the
Permanent Grading Easement that has an appraised value of $2,900. This revision would reduce
the appraise value of The Links property to $15,100.
DISCUSSION:
The Links at Fayetteville owns property at the southern end of the subject project on the east
side of Rupple Road across from W Starry Night View. The City needs to acquire the following
land rights from THe Links that has an appraised value of $15,100 in order to construct this
project:
Street Right of Way: 4,260 SF
Temporary Construction Easement: 2,485 SF
During the negotiation phase of land acquisition, The Links requested the City to exchange
land owned along N. Frontage Road in Fayetteville near Barnes & Noble, Toys "R" Us and
Chick-fil-a
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
(see attachments). In 1996, NW Village Partners, Ltd. deeded two pieces of land from their
proposed subdivision which was apparently excess and unusable to them after the construction
of N Frontage Road severed this property from the rest of the subdivision. The Northwest Village
Subdivision is currently occupied by Chick-fil-a, Toys "R" Us, Barnes & Noble Booksellers, Petco,
Natural Grocers & Pier I. Staff is of the opinion that this public property could better serve the
City by exchanging this land for the property needed for the Rupple Road construction project.
The City will deed over Parcel 765-20260-001 which is comprised of 2 pieces of land, one at 0.63
acres and the second at 0.14 acres for a total of 0.77 acres. The Washington County Assessor's
Office shows an estimated market value of this parcel as $3,500.
Chapter 34 of the City. Code sets forth requirements for sale of City property, Letters were mailed
to property owners on Friday, August 18th, public notice signs were posted on the property on
Friday, August 18th, and public notice was published in the newspaper on Sunday, August 20tH
BUDGET/STAFF IMPACT:
This Land Exchange will save the City $15,100 which is the appraised value of the land.
Attachments:
Google Map Exhibits
City Offer Letter Packet to The Links dated August 1, 2017
Newspaper Advertisement
Letters to adjacent property owners (5)
Pictures of public notice signs on City property
Lindsey Letter
I
Orr
Ull '7 G-�I,
x
litYl
" `• { � �
STOP
e °
y , f s � t ;S 1+ -. r1 1 `'• E �S � t r c,+:. ,r r `ora xt`�%y r 14 �".
r' ,i -p s pv-z� '.s „fly � . i •r � 4 ,,� .n� � .'if Ll !a ^f'� � "`-+-,� j C• •' -
£ � ��k ._..vli 4�'°r } i { • e :- z `h�j•'` A - �� t .r 'Y"ly.�% `'"'.,f•
+`„f'y":,..�_' �t1',,,. s •...�. ' ;'74 +u�- rt F`r q "l'''a'�x,...
• Te
001111111
=S2 77F
F
fond a'•F ayLr,
�j
r s
4 `
r
5
s r'
'
is-
r :,
CITY OF
FAYETTEVILLE
ARKANSAS
August 1, 2017
.kinks At Fayetteville
c/o Hugh Jarratt
1200 E Joyce Blvd, 61" Floor
Fayetteville, AR 72703
RE: Rupple Road Widening (Starry Night View -Mt. Comfort)
Tracts 3 -Parcel #765-24077-000
Offer Letter
Dear Mr. Jarrett:
As you may be aware, the City of Fayetteville is planning the widening of Rupple Road from Starry Night View north to Mount Comfort Road.
Included in this widening project will be new sidewalks, curb and gutter, water/sewer and drainage improvements. For these improvements
to happen, additional right of way and a permanent grading easement will be necessary in addition to a temporary construction and grading
easement. The right of way is property that the City obtains for constructing and maintaining a roadway. Permanent grading, drainage and/or
utility easements outside of the right of way are acquirer) for roadway construction, the installation of storm sewer and waterlsewer
improvements necessary to serve the roadway and the property. Temporary construction and grading easements are required for areas that
may be disturbed during the construction of the project outside of the rights -of way and grading/drainage easements. All temporary
construction and grading easements will terminate when the project has been completed by the contractor and accepted by the City of
Fayetteville,
The City of Fayetteville hereby offers $4,800.00 for additional right of way (4,260 square feet),2Jt#t3 Ota for the �iglHs �rssrjeiroteet�nyt*r-
-{eapestt-tlFcar3ie<}easeeFlts ( 4eere-fee�t3, $300.00 for the rental of the temporary construction and grading easements (3,550
square feet) and $10,000.00 as landscaping damages for 10 trees within the easement areas and a total offer of $18,.000.00. This Offer is
based on an appraisal by Reed and Associates, Inc. (Summary Sheet showing breakdown included).
Included is a general map of the subject area, -as well as a drawing of your specific property depicting the anticipated areas required for the
proposed easements
Should you elect to accept this offer, the Warranty Deed, Grading Easement and the Temporary Construction and Grading Easement
contained herein should be exocuted by all parties with current ownership interest in the property. The documents should be notarized and
returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of tho documo6t3 if you will
advise our office accordingly. Upon receipt of the documents, a check will be requested and you will be paid the amount indicated in this offer
letter.
Copies of the documents are included for your records. We can provide a copy of the recorded documents upon your request and at the
appropriate time. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that we can process your
payment. A Vendor Form is provided for this purpose.
A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements
and acquisitions. Please contact Holly Jones at (479) 444-3414(hic�nos o[f ayt tlev+lie• ,rr nv) or John Pierce at (479) 444-3421
( a( agLi a@fgyettievlllio-annoy). For engineering questions or concerns, please contact Matt Casey, Engineering Design Manager at (479)
444-3429 (rrscasey o[7f0 o t v_ille-ar.cy), or Chris Brown, City Engineer, can be reached at (479) 575-8206 ( iSrtr�r+i'Niaeviiirl-ar cprr).
Sincerely,
lh"hris Brown
City Engineer
C8/hj
Enclosures
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Rupple Road Right of Way -Starry Night View to Mount Comfort Road
Part of Parcel No, 765-24077-000
Tract 3
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT WE, The Links At Fayetteville, A Limited Partnership, hereinafter called
GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, do hereby grant,
bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns,
the following described land situated in the County of Washington, State of Arkansas, to -
wit:
A part of the Southeast Quarter (SEA) of the Southeast Quarter (8E'/,) of Section One (1), Township Sixteen (16) North,
Range Thirty-one (31) West, Washington County, Arkansas, being more particularly described as follows: Commencing at
the Northeast corner of the Southeast Quarter (SE'/.) of the (SEf,) Quar e.r; thence along the North line of said Southeast
Quarter (SE'/.) of the Southeast Quarter (SE'/.) N86059'04'W 669.65 feet to the existing Easterly right of way of Rupple
Road also the POINT OF BEGINNING, them along said Easterly right of way 198.41 feet along a son -tangent curve to the
left, said curve has a radius of 628.85 feet that bears S66"57'53"E, a delta angle of 18'04'38', and a chord which bears
S13°59'48"W 197.58 feet; thence contsnuin along said right of way 504'57'29" W 153,97 feet: thence leaving said right of
way S85'02'31`E 13.50 feet: thence N04°57129"E 178,73 feet; thence 173.67 feet along a tangent curve to the right, said
curve has a radius of 542.00 feet that bears S85°02'31"E, a delta angle of 18'21'33", and a chord which bears N14 [28'15'E
'172,93 feet to said North line of the Southeast Quarter (SEI/4) of [toe (SEY-) Quarter, thence along said North line
N86'59'04'VV 10,05 feet to the POINT OF BEGINNING, containing 4,260 square feet or 0.10 acres, more or less. (See Ex.A)
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's
successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that
the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims
whatever_
WITNESS the execution hereof on this the _ day of 2017
ATTEST:
[Please print or type Name and Title]
STATE OF ARKANSAS
COUNTY OF WASHINGTON
By:
The Links At Fayetteville, A Limited Partnership
[Please print or type Name and Title]
[SEAL]
REVENUE STAMPS AFFIDAVIT
The foregoing deed has the correct amount of Revenue
Stamps affixed to it or is exempt from such stamps.
Signed:.,
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
ACKNOWLEDGMENT
ss
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for
said County and State, personally appeared and , to me well known as the persons
who executed the foregoing document, and who stated and acknowledged that they are the and
respectively, of The Links At Fayetteville, A Limited Partnership and are duly authorized in their respective
capacities to execute the foregoin instiument for and in the frame and behalf of said corporation, and further stated and acknowledged
that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set
forth.
WITNESS my hand and seal on this day of '2017,
Rupple Road Right of Way -Starry Night View to Mount Comfort Road
Part of Parcel No, 765-24077-000
Tract 3
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT The Links At Fayetteville, a limited partnership, hereinafter called
GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, do
hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, a temporary construction and grading easement on, over,
and through the following described land situated in the County of Washington, State
of Arkansas, for the sole purposes necessary for construction of Rupple Road, to -
wit:
PROPERTY DESCRIPTION: (Survey: 2008-1594)
Part of the SE% of the SE'/ of Section 1, Dart of the NE'/ of Sectton 12, Township 16 North, Range 31 West, and
part of the SW% of the SW% of Section 6, Part of the NW% of Section 7, Township 17 North, Range 30 West,
Washington Counly, Arkansas, being more particularly described as follows: Beginning at an aluminum cap marking
the NE corner of the SEYi of the SE% of Section 1, Township 16 North, Range 31 West, Washington County,
Arkansas, thence S02°21'05"W 42.66 feet to an aluminum cap marking the NW corner of the SW% of the SW'f., of
Section 6, Township 16 North, Range 30 West; thence along the North line thereof S87°28'04"E 733.32 feet to a
steel rebar pin and cap stamped with RLS #686;. thence 502"32'50"W 1316.73 feet to a'i" steel rebar pin; thence
S02°50°52"W 2553.95 feet to a 5/8" steel rebar pin set on the North right of way Arkansas Highway 16; thence along
said right of way N87°15'16"W 289.85 feet to a 5/8" steel rebar pin, thence leaving said right of way NO2053'26"E
370.73 feet to a 518" steel rebar pin; thence N87"19'05"W 4.60 feet to a 5/8" steel rebar pin; thence NO3'03'36"E
74.78 feet to a 5/8" steel rebar pin; thence N86'2 1'04"W 1090.71 feet to the Northeast Corner of a chain link fence:
thence N87030'40"W 630.41 feet to the centerline of Rupple Road', thence along the centerline of Rupple Road the
following 10 courses: thence NO2°44'32"E 2036,44 feet; thence 141.08 feet along a curve to the right said curve
having a radius of 275.00 feet and a long chord of N 17"25'21 "E 139.54 feet; thence N32'08'09"E 98.01 feet; thence
N27°01'36"E 49,96 feet; thence N22050'50"E 244.13 feet; thence 208.64 feet along a curve to the right said curve
having a radius of 505.72 feet and a long chord of N34"39'58"E 207.16 feet; thence N46"29'06"E 129,88 feet; thence
309.27 feet along a curve to the left said curve having a -radius of 426.70 feet and along chord of N25143'1 8"E 302.54
feet; thence N04°57'29"E 183.15 feet; thence 195.60 feet along a curve to the right said curve having a radius of
688.85 feet and a long chord of N13°05'33"E 194.94 feet to the North line of the SE'/4 of the SEM of Section 1,
Township 16 North, Range 31 West; thence leaving the centerline of Rupple Road and continuing along said North
line S86°59'04"E 733.14 feet to the Point of Beginning containing approximately 6630037 sq. ft. or 152,20 acres,
more or less. Subject to the right of way of Rupple Road along the West side
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
A part of the Southeast Quarter (SE Y4) of the Southeast Quarter (SE %) of Section One (1), Township Sixteen (16)
North, Range Thirty-one (31) West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the Northeast corner of the Southeast Quarter (SE %4) of the (SE %) Quarter; thence along the North
line of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE %) N86°59'04"W 648.74 feet to the POINT OF
BEGINNING; thence leaving said North line S38a22'29"W a distance of 12.03 feet; thence along 163.58 feet along a
non -tangent curve to the left, said curve has a radius of 535.00 feet that bears S67'31'24"E, a delta angle of
17'31'07°, and a chord which bears S13°43'03"W 162.94 feet; thence SO4°57'29"W 178.73 feet; thence
N85°02'31 "W a distance of 7.00 feet; thence N04°57'29"E 178.73 feet; thence 173.67 feet along a tangent curve to
the right, said curve has a radius of 542.00 feet that bears S85°02'31"E, a delta angle of 18°21'33", and a chord
which bears N14°08'15"E 172.93 feet to the North line of said Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE %); thence along said North line S86°59'04"E 10.86 feet to the POINT OF BEGINNING, containing 2,485 square
feet or 0.06 acres, more or less.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
Page 2 of 2
It is expressly understood that the above temporary construction and grading easement shall exclude any permanent
structure(s) which may be located or under construction within said temporary construction easement area during the construction
of this project.
TO HAVE AND TO HOLD the sam"nta4he-saW-Grantee, its successors and assigns, together with free ingress to
and egress from the real estate first herein above described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of
ATTEST
[Please print or type Name and Title]
STATE OF ARKANSAS
COUNTY OF WASHINGTON
2017,
The Links At Fayetteville, a limited partnership
[Please print or type Name and Title]
ACKNOWLEDGMENT
ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within
and for said County and State, personally appeared and ,tomewell
known as the persons who executed the foregoing document, and who stated and acknowledged that they are the
and , respectively, of The Links At Fayetteville, a limited partnership,
and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said
corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the
consideration, uses and purposes therein mentioned and set forth.
791TRESS my hand and seal on 15is ay of 12017 -
MY
2017.
MY COMMISSION EXPIRES:
Notary Public
_L2 L1
N •659'04" w
f 6413 74' w y_
PROPOSED –
RIGHT OF WAY �� a j NE CORNER
f SE 1/4 SE 1/4
SECTION 1,
/ T -16–N, R -31–W
U PROPOSED 1EMPQRARY _
CONSTRUCTION EASEMENT
PARCEL NO. 765-24077-000
j LINKS AT FAYETTEVILLE
f I RECORD DEED., 2006-43544
1 RECORD SURVEYS 2008-1594 & 1595 & 23A-349
� � I
1 I
1 I
rs lir
LINE ANGLE DISTANCE
L1 N 86'59'04• W 10.86
^� ++ L2 N 86"59 04 W 10.05 �V
L3 S 85°02'31 "�E 13.50 V
L4 5 38"22 29 Pl 12°03
`� tv L5 N 85°02'31' W 7.00
+�l f
1 EE.4RNC5 GRID
ARKANSAS NORTH 70NE�
1
EASTING 30 -.FOOL EG'E,VCI
L3 L5 I % UTILITY EASEMENT
/ PLAT 23A-349
LYi.=;TIP•G F�.CiP FKTY LIl�1F.
EXiS [INC Pi"" I 0= WAY LINE.
EXISTING EASEMENT LINE
r — — — -- -- �-- — — — --- PROPOSED TEMP. CONST, EASEMENT
— PROPOSED EASEMENTIJNE
R/W PROPOSLD RIGHT OF WAY
CURVE
L NGi})
-T:_A
RADUlS
i^.IOF?u
2,485
C1
i9Ei.41
18`04 38
628.85
�
77,9'41"W
19 7.58
C2
'173.e?'
1821 33
_
5=12.UO
IV
EI?2.y3C3
1ii�.58'
17'31075.3`1.0(]
S
1 W
11:2.94
AREA CALCULATIONS SO. FT. ACRES
PROPOSED RIGHT OF WAY
4,250
0.10
PRiPOSEO TEMP. CONST, EASEMENT
2,485
0.06
GRAPHIC SCALE
50 0 25 50
( IN FEET )
THIS DW?81T lS A .SKETCH OESCRIPTIb£ ONLY OF THE .51ZE, SHA PF 1 inch = 50 ft.
AND LOCATION OF THE P.ROPOSED EASEMENTS AP1D DOES NOT
CONST1 UTE A PLAT OR SURVEY OF THE GRANTORS PROPERTK
2049EAST!OYCEROUEVARo CITY OF FAYETTEVILLE CITY OF JOB NO DATE
SUITE 400 FAYETTEVILLE, ARKANSAS ! 09047100 AUG. 23, 2017
FAYETTEVILLE. ARKkNs'AS 7270A RUPPLE ROAD - W. STARRY NIGHT'.
(ly "EXHIBIT A" TRACT
91VIEW - W. MOUNT COMFORT ROAD. nitt<ANwn
f
SUMMARY OF SAILENT FACTS AND CONCLUSIONS
Location; East Side of North Rupple Road, One Site North of the Intersection of Wedington
Drive and North Rupplc Road; Fayetteville, AR
Client: City of Fayetteville
Fee Owner: The Links At Fayetteville
Mailing Address: 1200 East Joyce Boulevard, 6"' Floor, Fayetteville, AR 72703
Area Of The Whole: 152.201 ACS Permanent Drainage N/A
Easement:
Area Of Remainder: 152.101 ACS Permanent Grading Easement .061 AC
Area Of Acquisition: 101 AC Temporary Construction .081 AC
Easement:
H.IG14EST AND BEST USE:
Whole Property As Vacant — Mixed Use —Residential/Multifamily Use
Development
As Improved — Continued Multifamily/Special Purpose
(Golfcourse) Use
Remainder Property As Vacant — Mixed Use — Residential/Mulfifarnily Use
Development
As Improved -- Continued Multifamily/Special Purpose
(Golfcourse) Use
ACQUISITION COMPENSATION:
Before
Land: 152.201 ACS @ $48,000/Acre (Rounded) $
7,305,600
Improvements: 10 Trees $
10,000
Total:
$
7,315,600
After
LandA52.10+ Acres a) $47,981/Acre (Rounded) $
7,297,900
Improvements: —
0
Total
$
7,297,900
Subtotal
$
17,700
Plus: 'femporary Construction Easements ($300)
$
300
Total Cottrpensation as of: .Iuly 7, 2017
ALLOCATION OF COMPENSATION
Land: .10± Acre n $48,000/Acre (Rounded)
$
4,800
Permanent Drainage Easement:
$
0
-I��l'FTZ�kt�n�-�iR'ESII?IN� �;f!"attTtetSi•::•t3�r-f�et`C (N';-.�r�t, it3f-Ael'f: (-T�tittlTc
.�It)�
Temporary Construction Easement: $300
$
300
improvements: 10 Trees
$
10,000
Damages:
$
0
Cost to Cure Items:
$
0
Total Compensation:
$
—18,0(10 ---
Shannon Reed Mueller,`CG2302
Reed & Associates, Inc.
,ti�x��gs�t� I CIIT1d�,P,���rrri
��lf llllflS1r55'�
4
aJ tu
cr r bi^ s� 1 s r
w y+R r f
f. 00
,f
\t L J
� f
- onool-O
rV
77
,4�'..
+ , + tt y^
. -. j �+ ! � `. .-- .`7�C"°,'� ,Il�,4n: r r �� ,� ��: +r'` ���+n sv3.�' i '4•,�i ��{r �'* i
�p�yyy�� Via`. ,�✓ ���yyy
to ' 't +
co
I �
t r i
y2llA ,IH J N
"}•! +� � • \ \ ` it 9 -.
1 " 1.3S Md :7
NOI1J(1i11SNOD5N00
i 1V111NNB()S SNV
N37V
LlOj ION
ld%O6
_
O -Ml A7117AVJ)
('." 3lddfl2l N)
C)8AL 10J4V0 r Nn lW nt
�11�16 V11EY MJIA1II�INA"V.LM
►►►llh" s+•a.•rew trwuee'+.t !
J'IIIAdlldl,V3 lq A L13
rd
-
3
a y
ISS!
f�tt
I'f .t'U
a
u1
•r'w' yet .R
u d��:� f
o �
yj
:SIS fig f +
si o7b e�a�ft F CSI.
i +
t
f
r+
t;FPy� Y l
I. j. �d �
•ti{ �`n�
I
eo •'a
`.I
y
,
ur, 3 X
da+ Ulf
:teZ�13�nd��
�ir•�'' xas
LL
imnoVlui
a"d ED IJ
NEWSPAPER ADVERTISEMENT
NOTICE OF PUBLIC NEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30
p.m., in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 361/135):
Submitted by CITY STAFF for property located EAST AND SOUTH OF FRONTAGE
ROAD. The Fayetteville City Council is considering the sale of about 0.77 acres it owns
EAST AND SOUTH OF FRONTAGE ROAD to The Links at Fayetteville, a Limited
Partnership, in exchange for right of way and associated easements necessary for the
widening of Rupple Road between Starry Night View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017
meeting at 113 W. Mountain Street, Room 219.
NORTHWEST ARKARW
Demomt 00A.Zefte
=' D ..1X. 1;0.° ,A f. TT -v I. _F. A;
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
PH/ Sale of Property
Was inserted in the Regular Edition on:
August 20, 2017
Publication Charges:•$ 69.92
Cathy Wile
Subscribed and sworn to before me
This of , 2017.
y,
hdy
+`q%%t5wutrrnlrrrrf F
.fQ
Amy
Public
My Commission Expires:
_
.^'
I311(olc15
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
NOTICE OF PUBLIC I TEARING
A nteeliny of the City of Fayetteville City
Council wit be held on Scplernber 5, 2017
al 5:30 p.m., in room 219, Fayetteville
Admini5inhon Building at 113 W.
Mounmin Street, Fayetteville, Arkansas,
73701. The following item is required to be
published in the local newspaper pursuant
to the Code of Ordinances of the City of
Fayelleville and will be heard at the
September 5, 2017 Fayetteville City
Council meeting.
ADM 17.5926: SALE OF MUNICIPALLY
OWNED REAL PROPERTY, 361/135):
Submitted by CITY STAFF for property
located EAST AND SOUTH OF
FRONTAGE ROAD. The Fayetteville City
Council is considering the sale oraboul
0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at
Fayetteville, a Limiled Partnership, in
exchange for right of way and associated
easements necessary for the widening of
Rupple Road between Starry Night View
and Mount Comfort Road.
This possible sale will be considered by the
City Council during its September 5, 2017
nlCtting at 113 W. Motmlain Street, Roam
21%
74245419 August 20,2017
IV
ti.� P
wy-
N"'E ,�f �,f �•aS t �I trw' •mit r.F['It
,
Xylem... �� 1 Y .-/. y}.1�'.r� rV;'ifr• .ren, �ht
hrl :qt*r �; r .y 'F+l�. ,,. � 'r ''.y`F ..:'s;�};s.'1 .•�,,
V y s•
~- 1 • r. � io � v 7
p�.
WA%
CITY OF
FAYETTEVILLE
ARKANSAS
August 17, 2017
Fifty Fifteen Properties
632 N Woodview Drive
Fayetteville AR 72701
RE: 4210 N Frontage Road
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30 p.m.,
in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 3611135): Submitted by
CITY STAFF for property located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
113 W. Mountain Street, Room 219.
For Questions or Concerns.
Chris Brown, City Engineer: cbrowfi@favetteville-ar.gov
Paul Libertini, Staff Engineer: plibertini@fayetteville-ar.gou
Holly Jones, Land Agent: hsones@fgyetteville-ar_gov
City of Fayetteville Engineering Division 479-575-8206
Mailing Addr,)ss:
113 W. Mount;ifs Str"A www,faye teville-ar.gov
Favettoviile—AR 72701
CITY OF
FAYETTEVIILLE
ARKANSAS
August 17, 2017
NW Village LLC
c/o Flake & Kelly Mgmt
PO Box 990
Little Rock AR 72203-0990
RE: NW Village Shopping Center, College Avenue, Fayetteville, AR
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30 p.m.,
in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 361/135]: Submitted by
CITY STAFF for property located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road. -
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
113 W. Mountain Street, Room 219.
For Questions or Concerns:
Chris Brown, City Engineer: cbrowiic(a_ _frlyr!tteville-,lr.Lv_
Paul Libertini, Staff Engineer: plilyerliniafayetteyille•-ar,ciov
Holly Jones, Land Agent: hio_nesCaMayetteville-ar.gov
City of Fayetteville Engineering Division 479-575-8206
Mailing Address:
1-I3 W mountaln Str' CC: OrewVc.faye`ifov0le-ar.gov
i` 3 Ott, !fill<u; x^,13 1'270;
CITY OF
FAYETTEVILLE
ARKANSAS
August 17, 2017
Naples Properties LLC
4081 Crossover Road
Fayetteville AR 72703
RE: 4200 N Gabel Drive
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30 p.m.,
in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 361/135): Submitted by
CITY STAFF for property located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering -the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
113 W. Mountain Street, Room 219.
For Questions or Concerns:
Chris Brown, City Engineer: cbrown cMayetteville-ar.gov
Paul Libertini, Staff Engineer.liberiini a fayetteville-ar (rov
Holly Jones, Land Agent: hiones@ta�,etteville-ar.gov
City of Fayetteville Engineering Division 479-575-8206
www.tayette)ille-ar.gov
k itt t'tov 1� , t4 'ia 1
CITY OF
FAYETTEVILLE
ARKANSAS
August 17, 2017
J E Lindsey Family Ltd Partnership
1200 Joyce Blvd
Fayetteville AR 72703-1000
RE: 1117 E Shepherd Lane
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30 p.m.,
in mom 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5626: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 361!135): Submitted by
CITY STAFF for property located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
- 113 W. Mountain Street, Room 219.
For Questions or Concerns:
Chris Brown, City Engineer: cbrown.@fayetteville-ar.gov
Paul Libertini, Staff Engineer:plibertini0fayettcsville-ar.go_y
Holly Jones, Land Agent: li[giips@favettevill(�..,.4r.gov
City of Fayetteville Engineering Division 479-575-8206
Mailing Address:
Ila W. Mountain street www.h, yetteville:-ar.gc)v
Fayetteville, AR 72701
CITY OF
FAY ETT V LLE
ARKANSAS
August 17, 2017
Vantage Center, an AR Limited Partnership
1165 E Joyce Blvd
Fayetteville AR 72703-5183
RE: 1115& 1150 E Shepherd Lane
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on September 5, 2017 at 5:30 p.m.,
in room 219,, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville,
Arkansas, 72701. The following item is required to be published in the local newspaper pursuant
to the Code of Ordinances of the City of Fayetteville and will be heard at the September 5, 2017
Fayetteville City Council meeting.
ADM 17-5926: SALE OF MUNICIPALLY OWNED REAL PROPERTY, 361/135): Submitted by
CITY STAFF for property located EAST AND SOUTH OF FRONTAGE ROAD. The Fayetteville
City Council is considering the sale of about 0.77 acres it owns EAST AND SOUTH OF
FRONTAGE ROAD to The Links at Fayetteville, a Limited Partnership, in exchange for right of
way and associated easements necessary for the widening of Rupple Road between Starry Night
View and Mount Comfort Road.
This possible sale will be considered by the City Council during its September 5, 2017 meeting at
113 W. Mountain Street, Room 219.
For Questions or Concerns:
Chris Brown, City Engineer: cbrown c -D fayetteville-ar.gov
Paul Libertini, Staff Engineer: 10erlini fa etteville-ar. ov
Holly Jones, Land Agent: hiones ffayelteyille-ar.gov_
City of Fayetteville Engineering Division 479-575-8206
Mailing Addre5s:
+13 W. Mountain Street yr viw.fayettevlile-ar.gov
Fr vetteville, AR 72701
THE LINKS AT FAYETTEVILLE, ALP
1200 E. JOYCE BLVD., FAYETTEVILLE, AR 72703
City of Fayetteville
ATTN: Mr. Chris Brown
113 W. Mountain Street
Fayetteville, AR 72701
RE: Land Swap
Dear Mr. Brown:
As a result of the widening of Rupple Road, the City of Fayetteville is in the need
of additional right-of-way that is owned by The Links at Fayetteville, a Limited
Partnership, (hereinafter The Links). Rather than monetary compensation, an exchange
of real estate between The Links and The City of Fayetteville is requested.
Please treat this letter as a formal agreement by The Links to exchange certain
real property owned by the City of Fayetteville (as described in the attached Exhibit A)
for certain real property owned by The Links (as described by the attached Exhibit B). I
also understand the City of Fayetteville will place orange fence at the edge of the
disturbance area prior to doing any work at The Links.
The Links will work with the City of Fayetteville to effectuate this land exchange
in a legal and binding manner.
Thank you.
Sincerely,
The Links at Fayetteville, a Limited Partnership
By: The Links at Fayett • 'Ile Management
Compal ic., I '.neral Partner
By:
's Earl hl-
hann Lindsey, President